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ALLIED-SIGNAL, INC. v. U.S. NUCLEAR REGULATORY COM'N

Nos. 91-1407, 91-1435, 92-1001, 92-1019.

988 F.2d 146 (1993)

ALLIED-SIGNAL, INC., Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, COMBUSTION ENGINEERING, INC., Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION and the UNITED STATES of America, Respondents, COMBUSTION ENGINEERING, INC., Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents, ALLIED-SIGNAL, INC., Petitioner, v. U.S. NUCLEAR REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 1993.

Attorney(s) appearing for the Case

John Hoff, with whom Leonard A. Miller, Washington, DC, was on the brief, for petitioner Allied Signal, Inc. in Nos. 91-1407 and 92-1019.

Harold F. Reis, with whom Michael F. Healy, Washington, DC, was on the brief, for petitioner Combustion Engineering, Inc. in Nos. 91-1435 and 92-1001.

L. Michael Rafky, with whom William C. Parler, General Counsel, John F. Cordes, Sr., Sol., and E. Leo Slaggie, Deputy Sol., U.S. Nuclear Regulatory Com'n, Rockville, MD, and Katherine Adams, Atty., Dept. of Justice, Washington, DC, were on the brief, for respondents.

Before: SILBERMAN, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Congress has directed the Nuclear Regulatory Commission to recover 100% of its costs from those who receive its regulatory "services" and to allocate the costs "fairly and equitably" among those recipients. Petitioners Allied Signal and Combustion Engineering challenge an NRC rule making that allocation; they also attack the NRC's denial of various requested...

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